McIntosh v. Owosso Carriage & Sleigh Co.
Court of Appeals of Texas
Appeal from District Court, Brown County ; John W. Goodwin, Judge. Action by the Owosso Carriage & Sleigh Company against C. K. Sweet, in which McIntosh & Warren were garnisheed. Judgment in part for plaintiff, and defendant .garnishee appeals.
1Opinion of the Court
Findings of Fact.
JENKINS, J.
This suit was tried before the court without a jury upon an agreed statement of facts, which shows that one C. K. Sweet was engaged in business in the town of Brownwood, as a dealer in implements and machinery, and that on or about the 10th day of August, 1907, he sold his stock of goods, wares, and merchandise to McIntosh & Warren at private sale for a consideration of $6,005.97, which was a fair valuation for same; that said sale was not made in the ordinary course of trade, but was in bulk; that in making said sale said Sweet did not comply with the terms of the…
2Cases cited26 opinions
- Holloway Seed Co. v. City National BankTexas Supreme Court · 1898
- Gunst v. PelhamTexas Supreme Court · 1889
- Gause v. ConeTexas Supreme Court · 1889
- Kohn v. FishbachWashington Supreme Court · 1904
- Paschall v. Pioneer Savings & Loan Co.Court of Appeals of Texas · 1898
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3Cited by3 opinions
- Joplin Supply Co. v. SmithMissouri Court of Appeals · 1914
- Brown Shoe Co. v. SacksMissouri Court of Appeals · 1919
- Joplin Supply Co. v. SmithMissouri Court of Appeals · 1914